hamisi simba mkwango others vs amina bakari mtima 2013 tzhc 2113 23 august 2013

The application is incompetent due to failure to specify the subsection of the enabling provision and for being supported by a defective affidavit lacking the name of the attesting officer.

Citation: hamisi simba mkwango others vs amina bakari mtima 2013 tzhc 2113 23 august 2013
Parties: Applicant: Hamisi Simba Mkwango & 5 Others; Respondent: Amina Bakari Mtima
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 August 2013
Procedural Posture: Misc. Land Case Application / Ruling on Preliminary Objections
Outcome: Application struck out with costs
Legal Topics: Extension of Time, Setting Aside Ex Parte Judgment, Defective Affidavit, Wrong Citation of Law
Source Language: English

Civil Procedure Land Law Extension of Time Setting Aside Ex Parte Judgment Defective Affidavit Wrong Citation of Law

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Parties

Hamisi Simba Mkwango & 5 Others

Applicant

Amina Bakari Mtima

Respondent

Procedural Posture

Misc. Land Case Application / Ruling on Preliminary Objections

Legal Issues

1 Whether the application is competent for failure to specify the subsection of the enabling provision
2 Whether the affidavit is proper as per legal requirements

Ratio Decidendi

The application is incompetent due to failure to specify the subsection of the enabling provision and for being supported by a defective affidavit lacking the name of the attesting officer.

Court Disposition

Application struck out with costs

Orders

Application struck out
Costs awarded to respondent